BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        SBX2 6|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  SBX2 6
          Author:   Monning (D)
          Amended:  8/25/15  
          Vote:     21  

           SENATE PUBLIC HEALTH AND DEVELOPMENTAL SERVICES COMMITTEE:   
            9-2, 8/19/15
           AYES:  Hernandez, Beall, Hall, Leno, McGuire, Mitchell,  
            Monning, Pan, Wolk
           NOES:  Moorlach, Nielsen
           NO VOTE RECORDED:  Morrell, Anderson

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Smoking in the workplace


          SOURCE:    Author

          DIGEST:   This bill prohibits smoking in owner-operated  
          businesses and removes specified exemptions in existing law that  
          allow tobacco smoking in certain workplaces.

          ANALYSIS:
               
          Existing law:

          1)Establishes "smoke-free laws," which prohibit the smoking of  
            tobacco products in various places, including, but not limited  
            to, school campuses, public buildings, places of employment,  
            apartment buildings, day care facilities, retail food  
            facilities, health facilities, and vehicles when minors are  
            present, and makes a violation of some of the prohibitions  








                                                                     SBX2 6  
                                                                    Page  2


            punishable by an infraction. 

          2)Prohibits employers from knowingly or intentionally permitting  
            the smoking of tobacco products in an enclosed space at a  
            place of employment.  

          3)Defines "enclosed space" as including lobbies, lounges,  
            waiting areas, elevators, stairwells, and restrooms that are a  
            structural part of the building and not specifically exempt. 

          4)Exempts the following from the workplace smoking prohibition:

             a)   Sixty-five percent of guestrooms in a hotel, motel, or  
               similar lodging establishment. 
             b)   Hotel or motel lobbies that meet certain size  
               requirements; 
             c)   Meeting and banquet rooms in hotels or motels, except as  
               specified;
             d)   Retail or wholesale tobacco shops and private smokers'  
               lounges, as defined;
             e)   Warehouse facilities, as defined;
             f)   Gaming clubs, bars and taverns;
             g)   Private residences, except for those licensed as family  
               day care homes;
             h)   Patient smoking areas in long-term health care  
               facilities;
             i)   Break rooms designated for smoking by an employer; and
             j)   Employers with five or fewer employees. 

          5)Imposes an infraction, punishable by a fine not to exceed $100  
            for a first violation, $200 for a second violation within one  
            year, and $500 for a third and each subsequent violation  
            within one year, for any violation of the indoor smoking  
            prohibition. 

          6)Requires local law enforcement agencies to enforce these  
            provisions, including local health departments, unless an  
            employer has been found guilty of three or more violations  
            which will require an investigation by the Division of  
            Occupational Safety and Health.  

          7)Sets forth a uniform statewide standard for regulating the  
            smoking of tobacco products in enclosed places of employment  
            and shall supersede and render unnecessary the local enactment  







                                                                     SBX2 6  
                                                                    Page  3


            or enforcement of local ordinances regulating the smoking of  
            tobacco products in enclosed places of employment. 

          8)Authorizes employers to prohibit smoking in enclosed places of  
            employment for any reason. 

          This bill:

          1)Expands on the workplace smoking prohibition by including  
            owner-operated businesses defined as a business having no  
            employees, independent contractors, or volunteers, in which  
            the owner-operator of the business is the only worker.

          2)Expands on the definition of "enclosed space" where smoking is  
            prohibited to include covered parking lots. 

          3)Modifies the exemption that currently allows smoking in 65% of  
            the guestroom accommodations in a hotel, motel, or similar  
            transient lodging establishment by reducing that amount to  
            20%. 

          4)Eliminates several exemptions in law which currently allows  
            the smoking of tobacco products in certain work environments,  
            thereby prohibiting the smoking of tobacco products indoors at  
            the following locations:

             a)   Hotel or motel lobbies;
             b)   Meeting and banquet rooms in a hotel or motel;
             c)   Warehouse facilities;
             d)   Gaming clubs;
             e)   Bars and taverns;
             f)   Employee break rooms; and,
             g)   Businesses of employers with a total of five or fewer  
               employees.

          5)Deletes obsolete references to regulations that would have  
            permitted smoking at gaming clubs, bars and taverns had these  
            been adopted before January 1, 1998 by the Occupational Safety  
            and Health Standards Board if a safe level of exposure to  
            secondhand smoke were found that prevents anything other than  
            insignificant harmful effects to exposed employees. No such  
            regulations were ever adopted, this language is therefore  
            obsolete.








                                                                     SBX2 6  
                                                                    Page  4


          Comments
          
          1)Author's statement.  According to the author, the evidence is  
            clear and undeniable that exposure to secondhand smoke in a  
            workplace puts employees at risk of severe health effects.   
            The US Centers for Disease Control and Prevention (CDC)  
            reports that secondhand smoke can cause severe health  
            conditions in adults, such as coronary heart disease, stroke,  
            lung cancer, and serious respiratory diseases. California was  
            one of the first states to enact a landmark  
            employee-protection law that addressed exposure to the harmful  
            effects of secondhand smoke by prohibiting the smoking of  
            tobacco products in a place of employment. While most  
            Californians enjoy the benefits of this important workplace  
            protection, many employees are still subjected to secondhand  
            smoke exposure through the numerous exemptions written into  
            the original 1994 law. The patrons who visit, and the  
            employees who work in these unsafe work environments, are  
            receiving unequal protection under the law, so as long as  
            these egregious exemptions remain. 

            This bill will eliminate the loopholes in California's  
            smoke-free workplace law, by prohibiting smoking in  
            owner-operated businesses, and eliminating the exemptions that  
            allow the smoking of tobacco products in hotel lobbies,  
            tobacco shops, warehouse facilities, and employee break rooms,  
            and banquet and meeting rooms in hotels.

          2)Health impacts of secondhand smoke. According to the U.S.  
            Department of Health and Human Services and the U.S. Surgeon  
            General, secondhand smoke exposure can cause harmful health  
            effects that include stroke, heart disease, heart attacks,  
            lung cancer, asthma and chronic respiratory problems, among  
            others. The U.S. Environmental Protection Agency classifies  
            secondhand smoke as a Class "A" human carcinogen (cancer  
            causing agent), the same class as asbestos.  The California  
            Air Resources Board has declared secondhand smoke to be a  
            toxic air contaminant, in the same category as diesel exhaust.  
            According to the Department of Public Health, (DPH) nonsmokers  
            who are frequently exposed to high levels of secondhand smoke  
            increase their risk of developing heart disease by 25-30%, and  
            lung cancer by 20-30%.  The U.S. Surgeon General has concluded  
            that there is no risk-free level of exposure to secondhand  
            smoke, ventilation cannot eliminate exposure of nonsmokers to  







                                                                     SBX2 6  
                                                                    Page  5


            secondhand smoke, and establishing smoke-free environments is  
            the only proven way to prevent exposure.  (The Health  
            Consequences of Involuntary Exposure to Tobacco Smoke: A  
            Report of the Surgeon General, 2006).  According to a 2014  
            report by the U.S. Surgeon General, if smoking persists at the  
            current rate among young adults, 5.6 million of today's  
            Americans younger than 18 years of age are projected to die  
            prematurely from a smoking-related illness. (The Health  
            Consequences of Smoking - 50 Years of Progress, 2014).  The  
            2014 report also finds that the value of lost productivity due  
            to premature deaths caused by exposure to secondhand smoke is  
            estimated to be $5.6 billion per year ($150 billion  
            productivity loss for smoking deaths).  

          3)History of smoking in the workplace in California. For years  
            California had been the leader in the effort to fight the  
            smoking epidemic and was often referred to as "America's  
            Non-Smoking Section," a reputation that came about when  
            California became the first state in the country to ban  
            smoking in nearly every workplace; effectively banning smoking  
            in indoor public spaces.  California's workplace smoking  
            prohibition was enacted by AB 13 (Friedman, Chapter 310,  
            Statutes of 1994), Restaurants were included in the ban, and  
            bars, taverns, and gaming clubs were phased in by 1998. The  
            law covers all "enclosed" places of employment; therefore,  
            patio or outdoor dining facilities may allow smoking.  

            While California's law is restrictive, a number of exemptions  
            are allowed which have prevented our state from being  
            considered a 100% smoke-free state by the CDC, 25 other states  
            are currently considered 100% indoor workplace smoke-free.  
            Many local jurisdictions have closed the loop on these  
            exemptions through the enactment of local ordinances. In  
            addition, gaming facilities not under the jurisdiction of the  
            state (tribal casinos) are not required to comply, although  
            some have done so voluntarily for the health of their  
            employees and patrons.  

            Unfortunately, these efforts have not been enough to protect  
            people from the harmful effects of secondhand smoke as  
            evidenced by the high number of casualties.  DPH estimates  
            that the loopholes in California's smoke free workplace law  
            currently allow one in seven employees to work in an  
            employment setting where they could be exposed to secondhand  







                                                                     SBX2 6  
                                                                    Page  6


            smoke. The patrons who visit, and the employees who work in  
            these unsafe environments, are receiving unequal protection  
            under the law as long as these exemptions are in place.

          Related Legislation
          
          SBX2 5 (Leno)/ABX2 6 (Cooper) recast and broaden the definition  
          of "tobacco product" in existing law to include electronic  
          cigarettes as specified; extend current restrictions and  
          prohibitions against the use of tobacco products to electronic  
          cigarettes; extend current licensing requirements for  
          manufacturers, importers, distributors, wholesalers, and  
          retailers of tobacco products to electronic cigarettes; and,  
          require electronic cigarette cartridges to be child-resistant.  
          SBX2 5 is pending on the Senate Floor and ABX2 6 will be heard  
          on August 25, 2015 in the Assembly Public Health and  
          Developmental Services Committee.

          ABX2 7 (Stone) prohibits smoking in owner-operated businesses  
          and removes specified exemptions in existing law that allow  
          tobacco smoking in certain workplaces. ABX2 7 will be heard on  
          August 25, 2015 in the Assembly Public Health and Developmental  
          Services Committee.

          SBX2 7 (Hernandez)/ABX2 8 (Wood) increase the minimum legal age  
          to purchase or consume tobacco from 18 to 21. SBX2 7 is pending  
          on the Senate Floor and ABX2 8 will be heard on August 25, 2015  
          in the Assembly Public Health and Developmental Services  
          Committee.

          SBX2 8 (Liu)/ABX2 9 (Thurmond and Nazarian) extend current  
          tobacco use prevention funding eligibility and requirements to  
          charter schools; broaden the definition of products containing  
          tobacco and nicotine, as specified, and prohibit their use in  
          specified areas of schools and school districts, regardless of  
          funding; and require specified signs to be prominently displayed  
          at all entrances to school property. SBX2 8 is pending on the  
          Senate Floor and ABX2 9 will be heard on August 25, 2015 in the  
          Assembly Public Health and Developmental Services Committee.

          SBX2 9 (McGuire)/ABX2 10 (Bloom) allow counties to impose a tax  
          on the privilege of distributing cigarettes and tobacco  
          products. SBX2 9 is pending on the Senate Floor and ABX2 10 will  
          be heard on August 25, 2015 in the Assembly Public Health and  







                                                                     SBX2 6  
                                                                    Page  7


          Developmental Services Committee.

          SBX2-10 (Beall)/ABX2-11 (Nazarian) revise the Cigarette and  
          Tobacco Products Licensing Act of 2003 to change the retailer  
          license fee from a $100 one-time fee to a $265 annual fee, and  
          increase the distributor and wholesaler license fee from $1,000  
          to $1,200. SBX2 10 is pending on the Senate Floor and ABX2 11  
          will be heard on August 25, 2015 in the Assembly Public Health  
          and Developmental Services Committee.

          Prior Legislation
          
          SB 575 (DeSaulnier, 2011) and AB 1467 (DeSaulnier, 2007) were  
          almost identical to this bill and would have eliminated most of  
          the exemptions in code which permit smoking in certain work  
          environments.  SB 575 died in the Assembly Governmental  
          Organization Committee, and AB 1467 was vetoed by the Governor.

          AB 217 (Carter, 2011) would have restricted smoking in long-term  
          health care facilities by only allowing smoking in a designated  
          patient smoking area that is outdoors, as specified.  AB 217 was  
          vetoed by the Governor. 

          AB 2067 (Oropeza, Chapter 736, Statutes of 2006) prohibits  
          smoking in covered parking lots and adds to the definition of  
          "enclosed spaces" lobbies, lounges, waiting areas, elevators,  
          stairwells and restrooms that are a structural part of the  
          building, thereby prohibiting smoking in those areas.

          AB 846 (Vargas, Chapter 342, Statutes of 2003) prohibits smoking  
          inside a public building and within 20 feet of a main exit,  
          entrance, or operable window of a public building.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified8/25/15)


          American Academy of Pediatrics
          American Cancer Society - Cancer Action Network 
          American College of Emergency Physicians 
          American Heart Association/American Stroke Association 







                                                                     SBX2 6  
                                                                    Page  8


          American Lung Association in California 
          Americans for Nonsmokers' Rights
          Association of Northern California Oncologists 
          California Academy of Family Physicians
          California Black Health Network
          California Chronic Care Coalition
          California Dental Association 
          California Labor Federation
          California Medical Association 
          California Optometric Association
          California Pan-Ethnic Health Network
          California Primary Care Association 
          California Society of Addiction Medicine
           Community Action Fund of Planned Parenthood Orange and San  
            Bernadino Counties
          County Health Executives Association of California
          First 5 Association of California
          Health Access
          Health Officers Association of California
          March of Dimes, California Chapter
          Medical Oncology Association of Southern California, Inc.
          Planned Parenthood Advocacy Project Los Angeles
          Planned Parenthood Affiliates of California
          Planned Parenthood Mar Monte
          Planned Parenthood Northern California Action Fund
          Planned Parenthood of the Pacific Southwest
          Service Employees International Union


          OPPOSITION:   (Verified8/25/15)


          None received


          ARGUMENTS IN SUPPORT:     Proponents argue that tobacco use is  
          the single most preventable cause of death and disease, nearly  
          40,000 Californians lost their lives to tobacco related  
          illnesses last year.  There is overwhelming scientific evidence  
          that secondhand tobacco smoke is a direct cause of heart  
          disease, the number one killer of both men and women in  
          California.  According to the American Lung Association in  
          California, smoking costs the state of California $23 billion a  
          year in both health costs and lost productivity with $3.5  







                                                                     SBX2 6  
                                                                    Page  9


          billion directly linked to Medi-Cal. Proponents argue that every  
          Californian deserves to work in a healthy environment and should  
          not have to make a choice between a good job and good health.   
          Given the human cost and the economic burden of smoking,  
          proponents believe it is time for California to catch up to the  
          rest of the nation and become a 100% smoke-free state.


           

          Prepared by: Alma Perez / PUBLIC HEALTH AND DEVELOPMENTAL  
            SERVICES /
          8/25/15 16:10:20


                                   ****  END  ****